New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-11-30
AN ESCAPE FROM SING SING.
SHARPS SENTENCE IS REVERSED.
IHE COURT OF APPEALS HAS GRANTED
HIM A NEW TRIAL.
THE DECISION A UNANIMOUS ONE.

AN OPINION BY JUDGE DANFORrH AND ONE BT
JUDGE PECKHAM. Both ARRIVING AT THE SAME
END-A CRUSHING BLOW TO THr HOPES OF
HONEST cITIZESs-scENE IN THE COURT
RooM-B"URKE COCHRAN AND WINS
LOW PAIGE HIGHLY DELIGHTED.
lBY TELEGRAPH rRrBUNEI
ALBANY, Nov. 29.-The big door at Sing Sing
that has been waiting TO close behind the person
Of Jacob Sharp shut in his face today by
the Court of Appeals. The old man is to remain
outside q while longer with q chance to Tight
for hts freedom The unanimous decision of tho
General Term affirming his conviction and sem
tence is unanimously reversed, and a new trial OF
his case is ordered.
The judges of the Court of Appeals sit in tho
third story of the white granite State Capitol
that stands the summit Of Abany's hill. The
court is in tile southeast corner of the built-
ing, and commands noble view of the Hudson
River Valley and the city of Albany below. COuro
is opened with great ceremony The judges have
lately added to the solemnty of their proceedings
by dressing themselves in black robes. To-day,
dignilied as are the proceedings, there was
distinct air of agitation visible in the court
Ihe attendants, usually so imp erturbable, were
excited in their movements. The lawyers present
showed unusually keen interest in what was
done. But the judges looked calm when they
swept in wearing their black robes and assumed
their usual stoica look upon taking their seats.
1he cause of the stir, every one sad, was the
news that the Court would give its decision on
the application of the lawyers of Jacob Sharp
for ri foPb m hp of
he convicted, namely, bribing the Aldermen
of. New-Yorl< City to grant charter to tho
Broadway Surface Railway Company Two OF
the counsel for Sharp-W. BOurke Cochran and
T. WinsiOw Paigc--wcre present 10 get hold OK
the decision as soon as it was handed down,
and besides these there happened to be in the
room several distinguished lawyers who had come
to Albany to argue cases before the Court They
showed keen interest. Among them were ex-Judgo
Noah Davis Attorney General OBricn and Colonel
Robert q. Ingersoll.
The Court may be said TO have been opened
with the handing down OF the decision in the Sharp
case. 1t was in Sharps favor. 1t granted him o
new trial. The faces OF Mr.. Cochran and Mr..
Paige bcamed with delight as they scanned tho
opinion. The other lawyers present gathered in
little groups to consider it. There surprise
expressed that the decision should be unanimously
III SnafpS laNOf. lnat nad not Decn expected. IL
found that two opinions had been written in
the case, one covering over one hundred pages Of
legal cap paper and the other half many.
Judge Barrett and the Supreme Court judges
OF the General Term therefore ovcrruled The
two opinions merely show that the judges reach
the destination by different roads
Judge Danforth wrote the main oriniOn, that
Of one hundred pages, and Judge Peckham wrote
the other. Judge Danforth in effect sustains all
the objectonstO Judge Barrctts rulings raised by
Sharps counsel. 1t holds that Sharp's evidence
before the Senate Investigating Committee should
not have been admitted in the trial before Judge
Barnett. 1t also rules out the testimony Of the
Assembly clerk, who testified that Sharp tried to
br:bc him to alter the General Surface Railway
bill OF 1883; the testimony of Miller to the
corruption of aldermen; the testimony Of Ed"
n ps ) to services &c Sharp in securing the
Tassase OF the Surface Railway Act hy the Legis-
lature, and the testimony which proved the ligha
of kcenn Moluncy and DvLacy t, Conada.
Judge Pockham's decision dwclls chiefly upon
the inadmissi bity of the Pottle testimony Judges
kuger Andrews, Rapalo, Finch and Earl concur
in both opinions.